Gloria Greenish and 4 Ors v. Henricus Johannes Maria Wienties and 2 Ors
2016
COURT OF APPEAL
GHANA
CORAM
- Ofoe, J.A. (Presiding)
- Acquaye, J.A.
- Welbourne (Mrs.), J.A.
Areas of Law
- Civil Procedure
- Probate and Succession
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves a dispute over the estate of the late Mr. Joseph Hansen Owusu Sechere. His children, as beneficiaries, filed an action against the occupants of the deceased's leased property. The trial court dismissed the action on the grounds that the plaintiffs lacked the capacity to sue without a vesting assent. The plaintiffs appealed, arguing their right to protect the estate. The appeal was dismissed. The court held that without a vesting assent, the plaintiffs could not maintain an action regarding the devised property. Various legal principles regarding probate, succession, and the distinction between final and interlocutory judgments were addressed.
WELBOURNE (MRS), J. A. The facts: The facts of this case are quite straightforward.
It is about children of the late Mr. Joseph Hansen Owusu Sechere who died on 16th January, 1986. They are beneficiaries who brought an action suing as children and beneficiaries of the estate of their father.
The 1st Defendant is the occupant of house number 62 Patrice Lumumba Road Airport Residential also known as House No 76A 6th Street, Airport Residential Area Accra.
The 2nd Defendant is the Administrator General of the Republic; whilst the 3rd Defendant is a Limited Liability Company that specializes in the supply and distribution of fertilizer.
Mr. J. H. Owusu Sechere had a lease for Ninety-nine (99) years from the Government of Ghana on 18th July, 1963 effective 15th July, 1961. On 18th November, 1983, the late J. H. Owusu Sechere entered into a sub-lease with Enrico De Simon.
On 23rd April, 1986, probate in respect of the estate of the deceased was granted to Oppong Peprah and Albert Kwame Kwarteng. (Now deceased). On 4th December, 2001, Charles Owusu Sechere and Frederick Owusu Sechere consented to the assignment of the property to the 1st Defendant.
On 21st May, 2010, the sole surviving Executor, Oppong Peprah wrote to the 1st Defendant to quit.
Then by an order dated 14th July, 2011, 2nd Defendant was appointed in place of the sole surviving executor of the deceased’s estate 3rd Defendant had been a tenant of 1st Defendant without rendering account to the Plaintiffs.
All the wishes of the testator had been complied with.
The property in dispute having fallen into residue, it was ready to be distributed among the beneficiaries of the deceased estate.
It was the contention of the Plaintiffs that the 3rd Defendant has been a tenant of the 1st Defendant having taken up occupation of the property without the permission and consent of the Plaintiffs.
Indeed, the 1st and 3rd Defendants were carrying out major structural renovation to the property without the express permission of the plaintiffs and unless restrained by the court, the property will be substantially altered.
The Plaintiffs therefore prayed for these reliefs: a. A Declaration by virtue of the last Will and Testament of the late Joseph Hanson Owusu Sechere dated 21st June 1975 House number 62 Patrice Lumumba Road Airport Residential also known as House No. 76 A 6th Street Airport Residential Area Accra is the property of the estate of the late Joseph Hansson Owusu Sechere and as such the Plainti